Legal Question in Family Law in India
I am married for 12 years. My wife is in a govt job in a good position. I was also in a pvt job and took up business then. Her fixed income is almost 3 times as per ITR filed. We have 2 kids girl(9 years) and boy(7 years). She was transferred 3 years back to some other station and the kids were staying with me.I have mother who took care of the kids. Some 10months back she started citing quarrels between both of us, exaggerating it and asked for divorce and wanted kids to be shifted to her. While we were in discussion, she took the kids with her one day to that place. She then filed a case of custody under sec 26 and a DV(sec 12) case against me with a FIR. Now she has blocked all access and stays with her parents who shifted with her. She says she doesnt want to stay with me, neither divorce but want the kids legally. There was a telephonic hard talks and abuses from my side when she took the kids which she has recorded and says that she wants legal custody since I threatened to bring back the kids from her. Kindly suggest what shld I do?
2 Answers from Attorneys
Since both the children are above 5 years of age, both mother and father have right to claim custody.While awarding custody, court gives paramount importance to the welfare of the child. If you could establish that you can bring up the children better than the wife, you can get the decree. That recorded conversation will not go against you as an evidence. Contact for more detail.
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in your situation, the consent and willingness of children is of paramount consideration. you may file a petition for custody of the children at the place where they are residing and also seek visitation rights irrespective of her petition for custody. you also have an independent right to seek custody.
Adv. Rajiv
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